Allowed

Anil Kumar Dash v. State of Odisha

Orissa HC13 Apr 2023BLAPL/1118/2023

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a narcotics case pending before the Sessions Court, Sambalpur. The petitioner, having been arrested under a non-bailable warrant, was released on bail by the High Court after considering his previous bail history and the duration of his detention. Bail was granted under specific conditions and a bond.

What did the court decide?

Release of the petitioner on bail by furnishing a bond of Rs. 50,000 with two solvent sureties, subject to terms of appearance and compliance.

Anil Kumar Dash Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1118 of 2023

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Anil Kumar Dash

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Petitioner

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Mr.A. Tripathy, Advocate

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-versus-

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State of Odisha ….

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Opp. Party

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Mr. Rajesh Tripathy Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 13.04.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Naktideul P.S. Case No.15 of 2012 corresponding to T.R. Case No.25/29 of 2012-15 pending in the file of learned 1^st Addl. Sessions Judge, Sambalpur for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

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The prayer for bail of the petitioner has been rejected by the learned 1^st Addl. Sessions Judge, Sambalpur vide order dated 19.01.2023.

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// 2 //

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Learned counsel for the petitioner submitted that the petitioner was released on bail by this Court in BLAPL No.1947 of 2015 as per order dated 22.09.2015 and on account of non-taking of steps, non-bailable warrant of arrest was issued against him and the petitioner was arrested by virtue of such nonbailable warrant of arrest and produced in Court on 13.01.2023 and since then he is in custody. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem

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// 3 //

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just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.

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Violation of any of the terms and conditions fixed shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo)

PKSahoo

Judge

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Anil Kumar Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anil Kumar Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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